A Review of The Cost-Benefit Revolution and Carceral Capitalism
James Hannaway · September 2019 87 Geo. Wash. L. Rev. Arguendo 26 In The Cost-Benefit Revolution, Cass Sunstein celebrates the dominance of cost-benefit analysis in administrative law and imagines new frontiers for its application. While he acknowledges problems associated with cost-benefit analysis like failing to account for unfair distributions of resources or intangible dignitary concerns,... Read More
Did The Supreme Court Just Suppress Speech in the Interest of Protecting The First Amendment? Iancu v. Brunetti
July 18, 2019 Iancu v. Brunetti, 588 U.S. ___ (2019) (Kagan, J.). Response by Roger E. Schechter Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Did The Supreme Court Just Suppress Speech in the Interest of Protecting The First Amendment? Iancu v. Brunetti In Matal v. Tam,1 the Supreme... Read More
What’s Past is Prologue: The Importance of History in Flowers v. Mississippi
July 10, 2019 Flowers v. Mississippi, 588 U.S. ___ (2019) (Kavanaugh, J.). Response by Robin M. Maher Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog What’s Past is Prologue: The Importance of History in Flowers v. Mississippi Few methods employed for the purpose of excluding African Americans from jury... Read More
North Carolina Department of Revenue v. Kaestner 1992 Family Trust: No Tax Due, But No Path for the Next Cases
July 8, 2019 North Carolina Department of Revenue v. Kaestner 1992 Family Trust, 588 U.S. ___ (2019) (Sotomayor, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog North Carolina Department of Revenue v. Kaestner 1992 Family Trust: No Tax Due, But No Path for... Read More
Kisor v. Wilkie: A Reprieve for Embattled Administrative State?
July 3, 2019 Kisor v. Wilkie, 587 U.S. ___ (2019) (Kagan, J.). Response by Robert L. Glicksman Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Kisor v. Wilkie: A Reprieve for Embattled Administrative State? Imagine a world in which administrative agencies whose actions are challenged in court are afforded... Read More
Tennessee Wine & Spirits Retailers Ass’n v. Thomas: Local Protectionism Loses Out
July 2, 2019 Tennessee Wine & Spirits Retailers Association v. Thomas, 588 U.S. ___ (2019) (Alito, J.). Response by Alan B. Morrison Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog Tennessee Wine & Spirits Retailers Ass’n v. Thomas: Local Protectionism Loses Out Tennessee has very restrictive statutes on obtaining... Read More
The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards
July 1, 2019 The American Legion v. American Humanist Association, 588 U.S. ___ (2019) (Alito, J.). Response by Ira C. Lupu & Robert W. Tuttle Geo. Wash. L. Rev. On the Docket (Oct. Term 2018) Slip Opinion | SCOTUSblog The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards (On... Read More
Mind the Gap: Ensuring that Quasi-State Actors Are Held Liable for Human Rights Abuses
John Tyler Knoblett 87 Geo. Wash. L. Rev. 740 In a series of cases decided by the Supreme Court between 2004 and 2018, human rights statutory mechanisms such as the Alien Tort Statute, the Torture Victim Protection Act (“TVPA”), and the Anti- Terrorism Act have been narrowed in reach, limiting the avenues of relief for... Read More
Standing on Shaky Ground: How Circuit Courts Reconcile Legal Rights and Injuries in Fact After Spokeo v. Robins
James Hannaway 87 Geo. Wash. L. Rev. 706 In Spokeo v. Robins, the Supreme Court attempted to resolve a tension that has existed since the birth of modern Article III standing. On one hand, Congress has always been able to create legal rights, the invasion of which creates standing to sue. On the other hand,... Read More
Regulatory Sandboxes
Hilary J. Allen 87 Geo. Wash. L. Rev. 579 “Fintech” has become an increasingly important part of the financial landscape over the last decade, but financial regulation remains a barrier to entry for many fintech innovations. In a highly anticipated report, the U.S. Treasury Department recently recommended the adoption of a “regulatory sandbox” intended to... Read More